Will You Be Paying For Someone Else’s Student Loans? Supreme Court Hears Arguments on Biden’s Student Loan Scheme, Here’s What the Justices Have to Say

The conservative majority justices of the United States Supreme Court appear to be poised to strike down the machinations of President Joe Biden to use the 2003 HEROES Act to eliminate or reduce the student loan debt of over 45 million American borrowers.

Chief Justice John Roberts led the conservative justices in questioning the constitutionality of the government broadly assuming the debt of millions of Americans through the HEROES Act due to the COVID-19 emergency, according to The Associated Press.

The Biden administration’s attorneys informed the court in Biden v. Nebraska that loan payments, deferred since the beginning of the lockdowns in 2020 are planned to become due again no later than summer 2023. At which point they claim, “delinquencies and defaults will surge,” without the “relief” promised by Biden.

The AP wrote that the administration’s strategy to move forward in the case seemed to be a small chance that through arguments before the court, the justices found that the Republican-led states and individual Americans challenging the policy lack standing, and thus have no right to sue.

It is the very same strategy that successfully prevented the state of Texas from challenging the results of the 2020 presidential election in GeorgiaWisconsinMichigan, and Pennsylvania.


The ‘lack of standing’ argument is a legal short-circuit for all intent and purpose that allows a court to dismiss a case without hearing or ruling upon the merits of the case.

Chief Justice Roberts took Solicitor General Elizabeth Prelogar to task suggesting that the White House had exceeded its authority.

The AP reported, that at three separate points during the exchange Roberts noted the program would cost the taxpayers a half-trillion dollars and that by virtue of its sheer breadth of impact and massive expense, the president should have obtained the explicit authorization of Congress.

“If you’re talking about this in the abstract, I think most casual observers would say if you’re going to give up that much … money, if you’re going to affect the obligations of that many Americans on a subject that’s of great controversy, they would think that’s something for Congress to act on,” Roberts said, according to the AP.

Associate Justice Brett Kavanaugh was similarly non-plussed and criticized Biden’s attempt to couch a debt relief program that Congress didn’t advance in an “old law,” warning that it “seems problematic,” the outlet reported.

“Some of the biggest mistakes in the court’s history were deferring to assertions of executive emergency power,” Kavanaugh added. “Some of the finest moments in the court’s history were pushing back against presidential assertions of emergency power.”

Prelogar led the argument that the HEROES Act allows the Secretary of Education to “modify” student loans in connection with a national emergency. However, the prosecutors argue that the law was promulgated to prevent military personnel from being financially harmed by lengthy deployments to Afghanistan and Iraq and was never intended for broad use across all borrowers.

Roberts, per SCOTUSblog, was “skeptical that the loan-forgiveness program was a mere ‘modification’ of existing student-loan loans. ‘We’re talking about half a trillion dollars and 43 million Americans,’ Roberts observed. ‘How does that fit under the normal understanding of ‘modifying’?”

Justice Clarence Thomas stated during the arguments that,

“This is a grant of $400 billion dollars, and it runs headlong into Congress’s appropriations authority.”

According to Howe on the Court, a decision in Biden v. Nebraska, and Department of Education v. Brown relative to the student loan scheme are expected by late June or early July.

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